In re APPLICATION OF DOROTHY DICKEY .
Case summary
Claimant, widow of volunteer fireman William Dickey, sought compensation for his line-of-duty death due to a heart attack. The court found no willful misconduct or intoxication and awarded $20,000 under the Law Enforcement Officers and Firemen Compensation Act.
Statutes cited: Ill. Rev. Stat. 1977, ch. 48, pars. 281-285; Ill. Rev. Stat. 1977, ch. 48, par. 283(a)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WILLIAM J. SCOTT, Attorney General (JAMES S. STEPHENSON, Assistant Attorney General, of counsel), for Respondent.
- LAW ENFORCEMENT OFFICERS AND FIREMEN COMPENSATION Am-volunteer fireman-heart attack. The designated beneficiary of a volunteer fireman, his surviving spouse, was awarded the entire death benefit under the Law Enforcement Officers and Firemen Compensation Act as the evidence established that the volunteer fireman who died as a result of a heart attack while answering a fire call was on duty at the time of his death and that his death was not the result of intoxication or willful misconduct.
The Claimant seeks payment of compensation as the widow of William Richard Dickey, pursuant to the Law Enforcement Officers and Firemen Compensation Act. Ill. Rev. Stat. 1977, ch. 48, pars. 281-285.
The Court has reviewed the application for benefits submitted by Claimant together with a written statement of the decedent’s supervising officer, and has also reviewed the report of the Attorney General of Illinois. From a consideration of these documents, the Court finds:
1. That Dorothy Dickey is the widow of decedent, volunteer fireman William Dickey.
2. That decedent, William Dickey, was a volunteer fireman employed by the Hutsonville Township Fire Department, and, on January 28, 1980, began duty at 10:15 p.m.
3. On January 28, 1980, the firemen of the Hutsonville Township Fire Department received a fire call at 10:15 p.m. Fireman Dickey was the first to arrive at the station. He unlocked the station door, turned on the station lights and the fire siren, and started the fire truck. As the other firemen arrived, they found Dickey slumped over in the driver’s seat of the truck. The time was approximately 10:20 p.m.
Dickey was pronounced dead on arrival at Crawford Memorial Hospital in Robinson, Illinois.
4.The medical examiner’s certificate of death shows acute myocardial infarction to be the cause of death.
[*343] 5 . There is no evidence to show that decedent’s death resulted from willful misconduct or intoxication.
6. A designation of beneficiary form, dated September 28, 1970, and prepared and signed by decedent, recites benefits of $10,000.00 for Dorothy Dickey.
Under the statute, the benefits for deaths occurring after December 31, 1973, are to be $ZO,OOb.OO.It is the opinion of this Court that the added increment of $10,000.00, which amount was not designated by decedent to pass to certain named beneficiaries, pass according to section 3(a) (Ill. Rev. Stat. 1977, ch. 48, par. 283(a)). Section 3(a) provides that where there is a surviving spouse, the entire sum shall be paid to the spouse.
7. By reason of the foregoing, this Court orders that an award of $20,000.00 be made to Dorothy Dickey, the surviving spouse of William Dickey, deceased.
CASES IN WHICH ORDERS OF
DISMISSAL WERE ENTERED
WITHOUT OPINIONS
FY 1980
4982 Thomas E. Ihle
5533 William Shaw
5912 Mary Ives
6051 Thomas D. Kames
6215 Sharon Boeke
6376 S & M Trucking, Inc.
6756 Anatoasios S. Betzelos
6801 Ronald L. Mora and Carolyn Knaus
6831 Ronald S. Chapman
6884 City of Moline, Illinois 74-CC-0288 Paula Kay Remencus 74-CC-0348 Cynthia L. Hasliman 74-CC-0513 Warner Hoopes